High CourtsSingle Bench(2020) 10 SHI CK 0409

Mast Ram vs State Of Himachal Pradesh & Others

High Court Of Himachal Pradesh · Decided on 12 October 2020

HON’BLE JUDGES
Sandeep Sharma, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 2668 Of 2020

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Judgment

9 paragraphs · 303 words

Sandeep Sharma, J

(Through Video Conferencing)

1.

By way of instant petition, petitioner has prayed for following substantive reliefs:-

(i) That the respondents may kindly be restrained from obstructing the petitioner from grazing the cows of his Gaushala "Radhey Krishan Gomath" on the pasture/grazing land comprising Khasra Nos.376, 377, 378, 450 508 & 566 situated in Mohal Soura-Kanetan, Patwar Circle Kashlog, the then Tehsil Darlaghat, District Solan, H.P. and he may be allowed to graze his cows thereon without any obstruction from the respondents.

(ii) that the respondent forest department may also be restrained from planting forest trees on the pasture/grazing land comprising Khasra Nos. 376, 377, 378, 450, 508 & 566 situated in Mohal Soura-Kanetan, Patwar Circle Kashlog, the then Tehsil Darlaghat, District Solan, H.P. and from converting the same to forest land.

2.

However, reply filed by respondents No.1 to 5, reveals that out of total land measuring 168-63-38, only 15 hectares of the land is proposed to be used for plantation, whereas, area measuring 153-63-38 hectares is to be left for grazing. Para-4 of the reply is reproduced as under:-

"It is most respectfully submitted that out of total 168-63-38, only 15 hectares of the land has been used for plantation. An area of 153-63-38 hectares is left for grazing. It is also submitted that after 10 years the area of 15 hectares which is closed for plantation will be re-opened for grazing of cattle. In view of the said submission there is sufficient vacant area for grazing of cattle of the petitioner."

3.

Consequently, in view of the aforesaid submissions made in para-4 of the reply, learned counsel representing the petitioner is permitted to withdraw the present petition, at this stage, with liberty to file afresh, if so required and desired.

Pending application(s), if any, also stand disposed of.